,,iii  #aacth ,,congress  #b;d ,session 
,s4 ,,res4 #cee  ,,in ,,the ,,senate    
,,of ,,the ,,united ,,states  ,february 
#ab1 #bjad ,mr4 ,graham 7for himself1   
,mr4 ,donnelly1 ,mr4 ,chambliss1 ,mr4   
,blunt1 ,ms4 ,ayotte1 ,mr4 ,mc,cain1    
,mr4 ,blumenthal1 ,mr4 ,inhofe1 and ,mr4
 ,levin7 submitted the following        
resolution2 which was referred to the   
,committee on ,foreign ,relations       
,,resolution  ,calling on the           
,government of the ,islamic ,republic of
 ,afghanistan to cease the              
extra-judicial release of ,afghan       
detainees1 carry out its commitments    
pursuant to the ,memorandum of          
,understanding governing the transfer of
 ,afghan detainees from ,united ,states 
custody to ,afghan control and to uphold
 the ,afghan ,rule of ,law with respect 
to the referral and disposition of      
detainees4  ,whereas1 on ,march #i1     
#bjab1 ,afghan ,general ,abdul ,rahim   
,wardak and ,united ,states ,marine     
,general ,john ,allen signed a          

,memorandum of ,understanding in which  
the ,united ,states reaffirmed its      
commitment to transfer ,afghan nationals
 detained by the ,united ,states ,armed 
,forces at the ,detention ,facility in  
,parwan 7,,dfip7 to ,afghanistan1       
provided that the ,government of        
,afghanistan establish an administrative
 detention regime under its domestic law
 and comply with its international      
obligations with respect to due process2
 ,whereas1 on ,march #be1 #bjac1 a      
,memorandum of ,understanding between   
the ,united ,states and ,afghanistan    
called for the creation of an ,afghan   
,review ,board 7,,arb7 to convene under 
,afghan law to determine the disposition
 of all ,afghan detainees2 ,whereas1 in 
the event of a dispute over the         
disposition of detainees1 the ,march    
#bjac ,memorandum of ,understanding also
 commits the ,government of ,afghanistan
 to exchange views and information      
between the ,minister of ,defense and   
the ,commander of ,united ,states       

,forces1 ,afghanistan before any        
detainee is released2 ,whereas the      
,government of ,afghanistan has         
announced the imminent release of #fe   
dangerous individuals from the ,,dfip   
without referral to the ,afghan justice 
system1 despite evidence showing these  
detainees have engaged in violent crimes
 against the ,afghan people and under   
protest from ,united ,states ,forces1   
,afghanistan2 ,whereas detainees from   
this group of #fe are directly linked to
 attacks wounding or killing #cb ,united
 ,states or ,coalition ,forces and      
attacks wounding or killing #bc ,afghan 
,national ,security ,forces or ,afghan  
civilians2 ,whereas the ,united ,states 
,government has declassified and        
provided hundreds of pages of evidence  
and investigative leads to the ,,arb2   
,whereas the ,justice ,center in ,parwan
 has successfully adjudicated more than 
#c1jjj criminal cases of individuals who
 committed acts of terror against       
,coalition ,forces1 ,afghan ,national   

,security ,forces1 and the people of    
,afghanistan2 ,whereas there is a       
legitimate force protection concern for 
the lives of ,coalition ,forces and     
,afghan ,national ,security ,forces if  
any disputed individual is released1    
since the primary weapon of choice is   
the improvised explosive device1 which  
also poses a significant threat to      
,afghan civilians2 ,whereas there is    
evidence that some detainees already    
released by the ,,arb have rejoined the 
fight against ,coalition ,forces2       
,whereas1 despite evidence to the       
contrary1 ,president of ,afghanistan    
,hamid ,karzai stated the prisoners set 
to be released are innocent and must be 
released2 ,whereas releasing the        
dangerous detainees deprives the people 
of ,afghanistan of their day in court   
and undermines the rule of law in the   
country2 ,whereas the release of        
detainees under these conditions is not 
authorized1 and the ,,arb is performing 
an extra-judicial function1 contrary to 

the rule of law in ,afghanistan2 and    
,whereas this extra-judicial action     
harms the prospective ,bilateral        
,security ,agreement between the ,united
 ,states and ,afghanistan for post-#bjad
 ,united ,states military presence in   
the country3 ,now1 therefore1 be it     
,that the ,senate-- 7#a7 insists        
,president of ,afghanistan ,hamid       
,karzai honor the terms included in the 
,memorandum of ,understanding1 dated    
,march #be1 #bjac2  7#b7 insists that if
 the ,afghan ,review ,board 7,,arb7 will
 not follow the conditions set forth in 
the ,memorandum of ,understanding1 that 
the ,,arb shall be dismantled and the   
,national ,directorate for ,security    
7,,nds7 and ,afghan prosecutors shall   
determine how to handle the remaining   
detainees2  7#c7 urges close and        
continuing communication between the    
,minister of ,defense and the ,commander
 of ,united ,states ,forces1            
,afghanistan prior to the release of any
 detainee2  7#d7 urges the ,government  

of ,afghanistan to cease the            
extra-judicial release of detainees and 
instead refer the dangerous individuals 
and the remainder of the ,,arb cases for
 prosecution at the ,justice ,center in 
,parwan or for investigation by the     
,,nds2 and  7#e7 calls on the ,secretary
 of ,state to consider the ,government  
of ,afghanistan's adherence to existing 
detainee memoranda of understanding in  
implementing the certification          
requirements for assistance for         
,afghanistan under section #gjdd7c7 of  
the ,department of ,state1 ,foreign     
,operations1 and ,related ,programs     
,appropriations ,act1 #bjad 7division ,k
 of ,public ,law #aac-gf74